Victory House General Partner Ltd v RGB P&C Ltd [2018] EWHC 102 (TCC)

The claim arose out of the development and conversion of an existing office building into an 87 bedroom hotel at Victory House, Leicester Square, London.

The action was commenced by a Part 8 Claim for declarations made by Victory House General Partner Limited, the employer under a building contract made in about October 2015 pursuant to which the employer had engaged RGB P&C Limited as contractor to design and construct the Hotel.

By way of an additional claim and an application for summary judgment dated 5 January 2018, RGB sought to enforce an adjudicator’s decision dated 7 November 2017 made against the employer upholding RGB’s entitlement to payment under the Contract pursuant to RGB’s interim payment application 30 of 11 July 2017.

The case raised issues concerning natural justice in the adjudication process, and in particular the extent to which an adjudicator might make a decision on grounds not argued by either party.

The application for summary judgment was successful and the decision was enforced. The Court further held that the Part 8 claim could not proceed on that basis and ordered that it proceed instead under Part 7.